Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1887-05-04

about sixteen steps from Clark; three
shots were fired; after Mason shot
Clark he tnrned aud walked up TO his
house; went to Mr.. Clark and turn
ed him over; he was shot through the
temple; there was only one wound;
Clark WAS running ut the time the
shot Was fired; | was behind Mason
and Clark at that time; when the first
shot was fired said don't shoot any
more; Mr.. Mason asked him a ques-
ton something about the little girl II
he said anything about candle; Mr..
Mason then said he would take him
to town; Mr.. Clark then started to run
and Mr.. Mason told him to stop; be
shot his gun off aud then told him 10
stop again; he didn't take aim; he
fired second shot and then run few
steps and fell on his knees and fired
again; he took aim at Clark the third
time.
William Hoskins testified as follows:
Reside at Powderville; know Mr..
Mason; knew Jas. Clark In bis lite
time; last saw him alive about 5
o'clock the evening before he was
killed; next saw him about 8 o'clock
on the Srd day Of April, about quar-
ter Of a mile from Mason's house; he
was lying on his back, dead; / noticed
q gun-shot wound in his head on the
left temple; also Loticed that bis hands
were scratched in one or two places; at
the coroner's inquest / noticed
wound across his head; II looked like
crack 20 me.
John Welch testified as follows:
Reside with Mr.. Ben Mason on Pow
der river; knew Jas. Clark in his life
time; saw him alive last about two
days before he WAS killed; saw him
dead on the bank of the river, about
halt mile from Mason's house; | saw
wound on the temple; didn't exam
inc very closely; | heard no shots
fired: when We came up Mr.. Mason
was standing in the door Of his store;
he said, "John, / didn't calculate 10
do it,"
Witnesses for the defense testified as
follows:
DR.. Redd testified as to the character
Of the wounds OF Clark and the cause
of death, and TO holding al inquest
upon the body.
Benjamin Mason, defendant, testi-
fled ir his own behalf rs follows: Re.
side at Powdervill.; went TO Petty's
house Oh the morning Of the 3rd Of
April, lss7. after James Clark; when /
came home from town Mrs. Mason
told me that Mr.. Clark had seduced
the little girl; she told me what
lie had done; what he said; |
told her | would go down and get him
and take him 20 town; she told me
about the chicken ranch; the little
girl had got up aud dressed and
seemed in terrible hurry TO get
ready TO go with her; when she came
back Clark was washing di-hes in the
kitchen; when they came back he
went down to Mr.. Petty's cabin; the
little girl says Clark Is mad at me; be
wanted me 10 stay at home and 90 up
to the dug-out with him; he told the
little girl that in Minneapolis he had
had two little girls who Used to 20 10
bed with him: / believe he tried TO
commit the otiense my wife told me
about; think If she had been left at
home that day he would have raped
her and she would have been ruined
to-day; | went TO Petty's house and
said where is Clark Just then seen
him under the bed, his gun right
along side Of him, and took the gun
up and throwed il out OF doors; told
him to get up and dress himself, Ms
wanted TO take him TO town; he said
he wanted to go there; We started
along up; he kept talking; he said be
didn't do anything; said be was sdvis-
ing the girl for her own good; he ran
and fired twice at him 10 stop him;
then thought I will make you stop;
/ didn't intend to kill him; tried to
stop him and dropped on my knee
and shot nj him and hit him 10 the
head; | didn't aim to hit him; there
was no other way in which could
have stopped him. Thomas Petty
told me he had made preparations 10
leave; Clark and 1 had always been
friends before that,
Owing to the fact that the testimony
I'm tbi. case has not yet closed, the
JouRxAL will give the rest Of the re.
mort of the case tomorrow. AT the
time our report closes Mrs. Mason was
ON the witness stand aud had barely
commenced her testimony when ad.
iournment was taken until $3.50 o'clock
! ,hI. unnrninu